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Home > Legal Research > Glossary
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Res judicata |
Definition - Noun
[Latin, judged matter]
1 : a thing, matter, or determination that is adjudged or final: as
a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute
b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter <the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)>
also
: the barring effect of such a determination
2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication <the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal Stowers v. State, 657 N.E.2d 194 (1995)>: as
a : a broad doctrine in civil litigation that requires and includes the barring of relitigation of settled matters under merger, bar, collateral estoppel, and direct estoppel
: See also former adjudication
compare bar estoppel by judgment at estoppel merger
b : a specific doctrine that precludes relitigation of claims and issues arising from the same cause of action between the same parties and their privies after a final judgment on the merits by a competent tribunal or after some other final determination having the same effect <res judicata precludes only subsequent suits on the same cause of action; collateral estoppel may preclude relitigation of issues in later suits on any cause of action J. H. Friedenthal et al.>
3 : an affirmative defense based on res judicata
Pronunciation'rEz-"jü-di-'kä-t&, 'rAs-"yü-
Pronunciation Key
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\&\ as a and u in a b ut
\[^&]\ as e in kitt en
\&r\ as ur and er in f urther
\a\ as a inash
\A\ as a in ace
\Š\ as o in m op
\au\ as ou in ou t
\ch\ as ch in ch in
\e\ as e in bet
\E\ as ea in easy
\g\ as g in go
\i\ as i in hit |
\I\ as i in ice
\j\ as j in job
\[ng]\ as ng in sing
\O\ as o in go
\o\ as aw in law
\oi\ as oy in boy
\th\ as th in thin
\[th_]\ as thin the
\Ÿ\ as oo in loot
\u\ as oo in foot
\y\ as y in yet
\zh\ as si in vision |
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Based on Merriam-Webster's Dictionary of Law ©2001.
Merriam-Webster, Incorporated
Published under license with Merriam-Webster, Incorporated.
http://www.m-w.com |
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